California's Proposition 8 and Arizona's SB1070 Top This Week's Social Justice Headlines
Written by Alex NicollDoes California's Proposition 8 Violate Constitutional Rights?
California's Proposition 8 was struck down this week by San Francisco Federal Court Judge Vaughn Walker, bringing gay rights advocates one step closer to a legal victory that would validate same-sex marriages. Proposition 8—also known as the California Marriage Protection Act—was passed into law following the 2008 state elections, with 52 percent of Californians voting in favor of defining marriage exclusively as a union between one man and one woman.
Proposition 8 opponents, including Judge Walker, denounce the law as unconstitutional and discriminatory, citing it to be in direct violation of the 14th Amendment of the US Constitution. The amendment declares that "no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
By not being able to contract legal matrimony, same-sex couples are denied the many federal and state benefits granted to opposite-sex couples; including the right to visit a spouse in a hospital and make medical decisions in his or her stead, the right to qualify for Medicare and Social Security benefits, and the right to employer sick and bereavement leave.
In his 136-page decision overturning the current law, Walker wrote: "Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite-sex couples are superior to same-sex couples." Walker went on to add: "Race restrictions on marital partners were once common in most states but are now seen as archaic, shameful or even bizarre. Gender no longer forms an essential part of marriage; marriage under law is a union of equals."
In a recent appearance on CNN's Anderson Cooper 360°, Maggie Gallagher, President of the National Organization for Marriage, rejected that notion that "...to make a marriage you need one husband and one wife is somehow bigotry akin to objections to interracial marriage," adding "...the idea that Americans are like racists for believing that marriage is the union of husband and wife is absurd and outrageous; it's a slur against the good will of the American people; it's wrong; it's not in our Constitution; and this will not be overturned. It's not just the majority of Californians, or the majority of the American people; it's the majority of courts, including most recently, the EU Court of Human Rights that rejected that this [same-sex marriage] is a fundamental human right."
Individuals, groups, and organizations in favor of Proposition 8 assert that that while the 14th Amendment does guarantee due process and equal protection, it does not and cannot define the meaning of the term "marriage"—either as between one man and one woman or between two people of the same sex. They suggest that trying to interpret the Constitution in such a way is a misuse of the document, and instead rely on the traditional context of marriage in order to define the term, as well as the general will of the voting population.
Both sides expect the case to make its way to the US Supreme Court, where the nine justices—including new arrival Elena Kagan—will decide the fate of California's highly contended Proposition 8.
Arizona’s SB1070: Certainly We Can Do Better
Just how effective has Arizona’s SB1070 been in stamping out illegal immigration across the state?—so far, so good. But the adverse economic and social repercussions of the highly controversial law have left Arizonans and Americans searching for a more sensible solution to immigration reform. Since Arizona’s crackdown began back in April, undocumented workers have reportedly been fleeing the state by the tens of thousands, sending the economy into a slump amidst rising social tensions and fears of widespread racial profiling.
Todd Landfriend, spokesman for Arizona Employers for Immigration Reform, writes: “Was there no other approach to address immigration without undermining the state's economy or shredding our social fabric?”
Actress Mia Farrow and Supermodel Naomi Campbell Testify Against Liberian Blood Diamond Runner
Actress Mia Farrow is scheduled to testify next week before a UN-backed war crimes tribunal against former Liberian president Charles Taylor. Taylor has been accused of trafficking blood diamonds in order to instigate civil strife in his neighboring country of Sierra Leone. He faces charges of war crimes and crimes against humanity, including slavery for forced marriage purposes and recruitment and use of child soldiers.
British supermodel Naomi Campbell testified last week before the Special Court for Sierra Leone (SCSL)—the tribunal leading the hearings. Campbell was allegedly given blood diamonds back in 1997 after a dinner party at the home of former South African president Nelson Mandela, which Taylor also attended.
Actress Farrow is well known for her humanitarian efforts across Africa.
Photo Gallery Depicts Commemoration of 65th Anniversary of Hiroshima Bombing
This Friday marked the 65th anniversary of the bombing of Hiroshima by US forces on August 6, 1945. Amongst prominent figures attending the ceremony was UN Secretary-General Ban Ki-moon, who told reporters that his presence at the commemoration intended "...to send a very important and strong message to the world: that the nuclear threat is real, and that we must do everything we can to build on the current global momentum towards a nuclear-weapon-free world." Ki-moon is the first UN Secretary-General to attend the annual event in Hiroshima.
A bell rang out at 8:15am, marking the very hour that the 8,000 plutonium bomb—known as "Little Boy"—struck the Japanese city along with its some 350,000 inhabitants. An estimated 140,000 people were killed instantly upon impact, and their lives were honored in Friday's ceremony with the release of white doves and an offering of wreaths. Nightfall at the Hiroshima Peace Memorial Park found paper lanterns floating serenely along the Motoyasu River, just out front of the A-Bomb Dome—the haunting remains of a building that survived the nuclear blast.
This is first of what I hope will be many thought-provoking, assertive reflections on some of the most decisive and compelling social justice issues currently facing the diverse peoples and cultures of the planet. It is my belief that the Social Justice Section of the New Green Economy will best serve its readers by simply providing them with a space to both discover and discuss the very issues that infringe upon the transcendent dignity of the human person.
In its true essence, social justice is a matter of a personal acceptance and commitment to the idea that society as a whole is responsible for fomenting the proper physiological, psychological, political, economical, and environmental conditions necessary to ensure that every individual and group obtain what is their due.
It is social service—individuals taking action in their communities—that provides the most immediate and effective solutions to the effects of any given social problem. It is social justice that addresses and ultimately rectifies the cause of that problem. Social service is the tangible stepping stone to the more abstract notion of social justice. In order for each of us to take that step forward, we must be informed on the issues that matter most.
I’d like to start this week with a Social Justice Quiz, which covers some of the broader issues facing contemporary American society. The quiz was written by in 2008 by Bill Quigley, professor of human rights and law at Loyola University New Orleans.
Good luck!
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Social Justice Quiz, 2008
1. How many deaths are there world-wide each year due to acts of terrorism?
2. How many deaths are there world-wide each day due to poverty and malnutrition?
3. 1n 1965, CEOs in major companies made 24 times more than the average worker. In 1980, CEOs made 40 times more than the average worker. In 2007, CEOs earned how many times more than the average worker?
4. In how many of the over 3000 cities and counties in the US can a full-time worker who earns minimum wage afford to pay rent and utilities on a one-bedroom apartment?
5. In 1968, the minimum wage was $1.65 per hour. How much would the minimum wage be today if it had kept pace with inflation since 1968?
6. True or false? People in the United States spend nearly twice as much on pet food as the US government spends on aid to help foreign countries.
7. How many people in the world live on $2 a day or less?
8. How many people in the world do not have electricity?
9. People in the US consume 42 kilograms of meat per person per year. How much meat and grain do people in India and China eat?
10. How many cars does China have for every 1000 drivers? India? The U.S.?
11. How much grain is needed to fill a SUV tank with ethanol?
12. According to the Wall Street Journal, the richest 1% of Americans earns what percent of the nation’s adjusted gross income? 5%? 10%? 15%? 20%?
13. How many people does our government say are homeless in the US on any given day?
14. What percentage of people in homeless shelters are children?
15. How many veterans are homeless on any given night?
16. The military budget of the United States in 2008 is the largest in the world at $623 billion per year. How much larger is the US military budget than that of China, the second largest in the world?
17. The US military budget is larger than how many of the countries of the rest of the world combined?
18. Over the 28 year history of the Berlin Wall, 287 people perished trying to cross it. How many people have died in the last 4 years trying to cross the border between Arizona and Mexico?
19. India is ranked second in the world in gun ownership with 4 guns per 100 people. China is third with 3 firearms per 100 people. Which country is first and how many guns do they own?
20. What country leads the world in the incarceration of its citizens?
Answers to Social Justice Quiz:
1. 22,000. The U.S. State Department reported there were more than 22,000 deaths from terrorism last year. Over half of those killed or injured were Muslims. Source: Voice of America, May 2, 2008. “Terrorism Deaths Rose in 2007.”
2. About 25,000 people die every day of hunger or hunger-related causes, according to the United Nations. Poverty.com – Hunger and World Poverty. Every day, almost 16,000 children die from hunger-related causes – one child every five seconds. Bread for the World. Hunger Facts: International.
3. Today’s average CEO from a Fortune 500 company makes 364 times an average worker’s pay and over 70 times the pay of a four-star Army general. Executive Excess 2007, page 7, jointly published by Institute for Policy Studies and United for Fair Economy, August 29, 2007. 1965 numbers from State of Working America 2004-2005, Economic Policy Institute.
4. In no city or county in the entire USA can a full-time worker who earns minimum wage afford even a one bedroom rental. The U.S. Department of Housing and Urban Development (HUD) urges renters not to pay more than 30% of their income in rent. HUD also reports the fair market rent for each of the counties and cities in the US. Nationally, in order to rent a 2 bedroom apartment, one full-time worker in 2008 must earn $17.32 per hour. In fact, 81% of renters live in cities where the Fair Market Rent for a two bedroom rental is not even affordable with two minimum wage jobs. Source: Out of Reach 2007-2008, April 7, 2008, National Low-Income Housing Coalition.
5. Calculated in real (inflation adjusted) dollars, the 1968 minimum wage would have been worth $9.83 in 2007 dollars. Andrew Tobias, January 16, 2008. The federal minimum wage is $6.55 per hour effective July 24, 2008 and $7.25 per hour effective July 24, 2009.
6. True. The USA spends $43.4 billion on pet food annually. Source: American Pet Products Manufacturers Association, Inc. The USA spent $23.5 billion in official foreign aid in 2006. The government of the USA gave the most of any country in the world in actual dollars. As a percentage of gross national income, the USA came in second to last among OECD donor countries and ranked number 20 at 0.18 percent behind Sweden at 1.02 percent and other countries such as Norway, Netherlands, Ireland, United Kingdom, Austria, France, Germany, Spain, Canada, New Zealand, Japan and others. This does not count private donations which, if included, may move the USA up as high as 6th. The Index of Global Philanthropy 2008, page 15, 19.
7. The World Bank reported in August 2008 that 2.6 billion people consume less than $2 a day. http://siteresources.worldbank.org/DEC/Resources/Poverty-Brief-in-English.pdf
8. World-wide, 1.6 billion people do not have electricity. 2.5 billion people use wood, charcoal or animal dung for cooking. United Nations Human Development Report 2007/2008, pages 44-45.
9. People in the US lead the world in meat consumption at 42 kg per person per year compared to 1.6 kg in India and 5.9 kg in China. People in the US consume five times the grain (wheat, rice, rye, barley, etc.) as people in India, three times as much as people in China, and twice as much as people in Europe. “THE BLAME GAME: Who is behind the world food price crisis,” Oakland Institute, July 2008.
10. China has 9 cars for every 1000 drivers. India has 11 cars for every 1000 drivers. The US has 1114 cars for every 1000 drivers. Iain Carson and Vijay V. Vaitheeswaran, Zoom: The Global Race to Fuel the Car of the Future (2007).
11. The grain needed to fill up a SUV tank with ethanol could feed a hungry person for a year. Lester Brown, CNN.Money.com, August 16, 2006
12. “According to the figures, the richest 1% reported 22% of the nation's total adjusted gross income in 2006. That is up from 21.2% a year earlier, and is the highest in the 19 years that the IRS has kept strictly comparable figures. The 1988 level was 15.2%. Earlier IRS data show the last year the share of income belonging to the top 1% was at such a high level as it was in 2006 was in 1929, but changes in measuring income make a precise comparison difficult.” Jesse Drucker, “Richest Americans See Their Income Share Grow,” Wall Street Journal, July 23, 2008, page A3.
13. 754,000 are homeless. About 338,000 homeless people are not in shelters (live on the streets, in cars, or in abandoned buildings) and 415,000 are in shelters on any given night. 2007 U.S. Department of Housing and Urban Development (HUD) Annual Homeless Report to Congress, page iii and 23. The population of San Francisco is about 739,000.
14. HUD reports nearly 1 in 4 people in homeless shelters are children 17 or younger. Page iv – 2007 HUD Annual Homeless Report to Congress.
15. Over 100,000 veterans are homeless on any given night. About 18 percent of the adult homeless population is veterans. Page 32, 2007 HUD Homeless Report. This is about the same population as Green Bay Wisconsin.
16. Ten times. China’s military budget is $65 billion. The US military budget is nearly 10 times larger than the second leading military spender. GlobalSecurity.org
17. The US military budget of $623 billion is larger than the budgets of all the countries in the rest of the world put together. The total global military budget of the rest of the world is $500 billion. Russia’s military budget is $50 billion, South Korea’s is $21 billion, and Iran’s is $4.3 billion. GlobalSecurity.org
18. 1268. At least 1268 people have died along the border of Arizona and Mexico since 2004. The Arizona Daily Star keeps track of the reported deaths along the state border and reports 214 died in 2004, 241 in 2005, 216 in 2006, 237 in 2007, and 116 as of July 31, 2008. These numbers do not include the deaths along the California or Texas border. The Border Patrol reported that 400 people died in fiscal 2206-2007, 453 died in 2004-2005, and 494 died in 2004-2005. Source Associated Press, November 8, 2007.
19. The US is first in gun ownership world-wide with 90 guns for every 100 citizens. Laura MacInnis, “US most armed country with 90 guns per 100 people.” Reuters, August 28, 2007.
20. The US jails 751 inmates per 100,000 people, the highest rate in the world. Russia is second with 627 per 100,000. England’s rate is 151, Germany is 88, and Japan is 63. The US has 2.3 million people behind bars, more than any country in the world. Adam Liptak, “Inmate Count in US Dwarfs Other Nations’” NYT, April 23, 2008.
Social Justice Quiz, 2008 has been published on the New Green Economy under written consent of its author.
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